SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
February 9, 2010
THE PEOPLE, ETC., RESPONDENT,
JUAN GONZALEZ, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered February 19, 2008, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
JOSEPH COVELLO, J.P., FRED T. SANTUCCI, HOWARD MILLER & RANDALL T. ENG, JJ.
(Ind. No. 6471/07)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's Allen charge (see Allen v United States, 164 US 492) was improper is unpreserved for appellate review (see CPL 470.05; People v Franklin, 54 AD3d 964). In any event, contrary to the defendant's contention, the charge, on the whole, was balanced and neutral (see People v McKenzie, 48 AD3d 594, 595; People v Kendrick, 256 AD2d 420, 421). The court's instructions were directed at the jurors in general, and "did not urge that a dissenting juror abandon his or her own conviction, attempt to coerce or compel the jury to reach a particular verdict, or shame the jury into reaching a verdict" (People v McKenzie, 48 AD3d at 595; see People v Gonzales, 281 AD2d 432; People v Perdomo, 204 AD2d 358).
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.
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